Elizalde v. Riveron
| Gabriel Utrilla Elizalde |
| Yanet Hernandez Riveron |
| Department of Children and Families |
| 5:2018cv00460 |
| August 31, 2018 |
| US District Court for the Middle District of Florida |
| Philip R Lammens |
| Carlos E Mendoza |
| Other Statutory Actions |
| 42 U.S.C. § 11601 |
| None |
Docket Report
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This docket was last retrieved on October 17, 2018. A more recent docket listing may be available from PACER.
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Filing 39
ORDER vacating 27 ORDER granting Petitioner's Verified Petition and denying #1 Verified Petition for the Return of Minor Children filed by Gabriel Utrilla Elizalde. Signed by Judge Carlos E. Mendoza on 10/17/2018. (DJD)
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Filing 38
ORDER denying #36 Motion for Hearing and Motion for Court-Appointed Witness; Denying as moot #37 Motion to extend time. Signed by Judge Carlos E. Mendoza on 10/17/2018. (DJD)
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| Filing 37 MOTION to extend time re #36 Rehearing and Motion for Court Appointed Witness and Memorandum of Law to search for legal representation by Yanet Hernandez Riveron. (LAB) |
| Filing 36 MOTION for Rehearing and Motion for Court Appointed Witness and Memorandum of Law by Gabriel Utrilla Elizalde. (Weber, Janelle) Modified on 10/1/2018 (RLK). |
| Filing 35 Receipt for Return of previously surrendered Foreign Passport, Social Security Card and Birth Certificate as to A.H. (minor). (MJT) |
| Filing 34 Receipt for Return of previously surrendered Foreign Passport, Social Security Card and Birth Certificate as to S.H. (minor). (MJT) |
| Filing 33 Receipt for Return of previously surrendered Foreign Passport, Social Security Card and Birth Certificate as to M.H. (minor). (MJT) |
| Sealed Documents: S-29, S-32. (MJT) |
| Filing 31 MEMORANDUM in support re #1 Complaint filed by Gabriel Utrilla Elizalde. (Attachments: #1 Exhibit)(Weber, Janelle) |
| Filing 30 NOTICE of hearing: Evidentiary Hearing set for 9/25/2018 at 09:30 AM in Ocala Courtroom 1 A before Judge Carlos E. Mendoza. Court Interpreter: Ricardo Arenas. (MJT) |
| Filing 28 NOTICE of Telephonic hearing: Miscellaneous Hearing set for 9/21/2018 at 02:00 PM in Ocala Courtroom 1 A before Judge Carlos E. Mendoza. Petitioner and Respondent will be appearing in person. Petitioner's attorneys appearing by phone.(MJT) |
| Sealed Document S-27. (DJD) |
| Filing 24 MEMORANDUM in support re #1 Complaint filed by Gabriel Utrilla Elizalde. (Weber, Janelle) |
| Sealed Document S-23. (LMF) |
| Filing 22 CERTIFICATE of compliance re #20 MOTION for miscellaneous relief, specifically Remote Testimony and Memorandum of Law by Gabriel Utrilla Elizalde. (Weber, Janelle) |
| Filing 21 NOTICE by Gabriel Utrilla Elizalde of Service on Respondent (Weber, Janelle) |
| Filing 20 MOTION for miscellaneous relief, specifically Remote Testimony and Memorandum of Law by Gabriel Utrilla Elizalde. (Weber, Janelle) |
| Filing 19 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 9/10/2018. Court addresses logistics and planning regarding the hearing scheduled on Monday, September 17th in the Ocala courthouse. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 18 NOTICE of compliance re #9 Order on motion for leave to proceed in forma pauperis by Gabriel Utrilla Elizalde (Weber, Janelle) |
| Filing 17 NOTICE of Surrendered Foreign Passport, Social Security Card and Birth Certificate as to A.H. (minor). (MJT) |
| Filing 16 NOTICE of Surrendered Foreign Passport, Social Security Card and Birth Certificate as to S.H. (minor). (MJT) |
| Filing 15 NOTICE of Surrendered Foreign Passport, Social Security Card and Birth Certificate as to M.H. (minor). (MJT) |
| Filing 14 RETURN of service executed on 9/7/2018 by Gabriel Utrilla Elizalde as to Yanet Hernandez Riveron. (LAB) |
| Filing 13 US Marshal 285 form, re #1 Complaint and #10 ORDER granting #2 Motion for temporary restraining order.(LAB) |
| Filing 12 SUMMONS issued as to Yanet Hernandez Riveron. (LAB) |
| Filing 11 NOTICE of hearing: Telephone Conference set for 9/10/2018 at 01:30 PM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 091018. (DJD) ctp |
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Filing 10
ORDER granting #2 Motion for temporary restraining order. On Monday, September 17, 2018, at 9:30 a.m. at the Golden-Collum Memorial Federal Building and United States Courthouse, 207 N.W. Second Street, Ocala,Florida, before the Honorable Carlos E. Mendoza, Petitioner and Respondent shall appear and be heard regarding the merits of the Petition (Doc. 1). See order for additional details. Signed by Judge Carlos E. Mendoza on 9/6/2018. (DJD)
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| Evidentiary Hearing on merits of the Petition set for 9/17/2018 at 09:30 AM in Ocala Courtroom 1 A before Judge Carlos E. Mendoza. (LMF) Modified on 9/7/2018 (MJT). |
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Filing 9
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Petitioner is directed to return the fully completed summons with a copy of the Complaint and USM-285 form to the Clerk on or before September 18, 2018. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 9/5/2018. (JWM)
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| Filing 8 NOTICE by Gabriel Utrilla Elizalde re 7 Order as to Providing Respondent's Address (Weber, Janelle) Modified on 9/5/2018 (LAB). |
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Filing 7
ENDORSED ORDER directing Petitioner on or before September 7, 2018, to provide the Court with an address at which Respondent can be served. Signed by Judge Carlos E. Mendoza on 8/31/2018. (KMS)
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| Filing 6 Case Reassigned to Judge Carlos E. Mendoza. New case number: 5:18-cv-460-Oc-41PRL. Judge James S. Moody, Jr no longer assigned to the case. (MAA) |
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Filing 5
ORDER DIRECTING REASSIGNMENT OF CASE. The Clerk of the Court is instructed to reassign this case to another District Judge under the blind filing system established pursuant to the rules of this Court. Signed by Judge James S. Moody, Jr. on 8/31/2018. (SMB)
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| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Gabriel Utrilla Elizalde. (Weber, Janelle) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Gabriel Utrilla Elizalde. (MLS) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 2 PETITIONER'S MOTION AND MEMORANDUM OF LAW FOR ENTRY OF TEMPORARY RESTRAINING ORDER PUSUANT TO HAGUE CONVENTION by Gabriel Utrilla Elizalde. (MLS) |
| Filing 1 COMPLAINT titled as VERIFIED PETITION FOR THE RETURN OF MINOR CHILDREN PURSUANT TO INTERNATIONAL TREATY AND FEDERAL STATUTE against Yanet Hernandez Riveron, filed by Gabriel Utrilla Elizalde. (Attachment)#1 Civil Cover Sheet) (IFP Pending; No service copies provided) (MLS) |
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